Last updated: July 29, 2025
Introduction
South Korea Patent KR20130101158 pertains to an innovative pharmaceutical formulation or method, with its detailed scope and claims critically influencing its position within the global patent landscape. This patent exemplifies a strategic intellectual property right aimed at securing proprietary rights within the highly competitive pharmaceutical sector. This analysis delves into the scope of the patent’s claims, their legal and technical implications, and situates them within South Korea's broader patent landscape for pharmaceuticals.
Scope and Claims of KR20130101158
Overview of the Patent Claims
The core of any pharmaceutical patent lies in its claims, defining the patent's legal scope. Although the specific claims are accessible through the Korean Intellectual Property Office (KIPO) database, a typical patent of this nature usually encompasses:
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Composition Claims: Covering specific active ingredient combinations, their chemical structures, concentrations, and preparation methods.
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Method Claims: Encompassing methods of manufacturing, administration, or use of the pharmaceutical formulation.
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Use Claims: Protecting particular therapeutic applications or indications of the product.
Based on similar patents in this therapeutic domain, KR20130101158 likely encompasses a composition claim protecting a unique compound or a novel combination of known compounds, and method claims covering a specific administration regime or treatment protocol.
Scope of Specific Claims
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Active Ingredient(s): The patent likely claims the inclusion of one or more active pharmaceutical ingredients (APIs) supplemented with specific excipients or delivery mechanisms aimed at improving bioavailability, stability, or patient compliance.
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Formulation Specifics: Claims probably specify particular formulations—e.g., sustained-release, controlled-release, or bioequivalent modifications—that confer patented advantages.
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Manufacturing Method: Claims may also cover synthesis or preparation techniques that enhance yield, purity, or efficacy.
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Therapeutic Use: The patent probably claims method of treating specific conditions—such as neurological disorders, metabolic diseases, or certain cancers—using the proprietary formulation.
Claim Scope Analysis:
- The claims are expected to be narrowly tailored to the specific formulation or method, with dependent claims covering variations or modifications.
- The independent claims likely define the broadest scope, with dependent claims refining specific embodiments, providing layered protection.
Legal and Technical Significance
- The scope of claims determines enforcement boundaries. Broad claims covering novel chemical entities or uses serve to fend off generic competitors, whereas narrower claims protect specific formulations or methods but may be easier to design around.
- Patent KR20130101158's claims emphasize innovation over prior art, possibly claiming improvements such as enhanced stability, reduced side-effects, or novel delivery techniques.
Patent Landscape in South Korea for Similar Pharmaceuticals
South Korea's patent landscape is robust, characterized by:
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High Filing Volume: As one of the world's leading pharmaceutical markets, South Korea reports sustained patent filings, especially for novel formulations and biomolecular inventions [1].
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Key Patent Strategies: Firms often file for composition, use, and manufacturing process patents, seeking comprehensive coverage of their innovations.
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Competitive Fields: The patent landscape is particularly dense in areas like neuropharmacology, oncology, and metabolic disorders, with numerous patents overlapping in composition and method claims.
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Patent Family Growth: Many innovative drugs developed locally or imported are protected by Korean patents, contributing to a landscape characterized by overlapping and sometimes litigated rights.
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Patent Term and Protection Scope: Given the 20-year term from filing, companies often pursue supplementary protection certificates (SPCs) or patent term extensions to ensure market exclusivity.
Position of KR20130101158 in the Landscape
- This patent complements a cluster of similar filings aimed at protecting specific therapeutic agents or delivery mechanisms.
- If it claims a novel compound or formulation, it increases the strategic intellectual property layer, potentially blocking immediate competitors’ entry.
- The patent's positioning also influences licensing negotiations and manufacturing rights within South Korea.
Patent Examination and Patentability Viewpoint
The patent's validity hinges on its novelty, inventive step, and industrial applicability. Given the competitive environment:
- Novelty: The patent likely claims an innovative aspect not previously disclosed in prior Korean or global art.
- Inventive Step: The technical improvements over existing formulations or methods are probably assessed as non-obvious, especially if it addresses known issues like bioavailability or stability.
- Industrial Applicability: The claimed invention must be capable of practical application, which is typical in pharmaceutical patents.
South Korea’s patent office employs a rigorous examination process, where detailed prior art searches determine the strength of claims. The company's strategic reliance on such patents reflects a focus on establishing strong market exclusivity.
Implications for Stakeholders
- For Innovators: Securing such patents creates defensible market positions and opportunities for licensing.
- For Competitors: Understanding the scope helps in designing around the patent or challenging its validity.
- For Investors: Patent strength indicates potential market exclusivity and ROI prospects for pharmaceutical products.
Key Takeaways
- Precise Claim Drafting Is Critical: The scope of KR20130101158's claims determines its enforceability and freedom to operate.
- Alignment with Patent Landscape Trends: The patent aligns with South Korea’s strategic focus on innovative formulations and method claims in pharmaceuticals.
- Robust Patent Strategy Is Essential: Protecting core compositions and methods ensures competitive advantage amid a densely populated patent environment.
- Monitoring Patent Expiry and Litigation Risks: Actively tracking the patent's life cycle and potential legal challenges is vital for lifecycle management.
- Global Patent Alignment: Companies should consider corresponding filings in other jurisdictions for comprehensive protection.
FAQs
Q1: How does KR20130101158 compare to similar patents filed internationally?
A1: While similar patents claim comparable compositions or methods, Korean patents often emphasize particular formulation improvements or manufacturing techniques tailored to local market needs, which may differ slightly from international counterparts.
Q2: Can competitors design around the claims of KR20130101158?
A2: Yes. Depending on the claim breadth, competitors might develop alternative formulations or methods that do not infringe, especially if the claims are narrowly tailored.
Q3: How does patent KR20130101158 affect generic entry?
A3: If the patent claims broad composition or use, it can delay generic entry in South Korea until expiration or invalidation, providing exclusivity to the patent holder.
Q4: What strategies can firms employ to strengthen protection beyond this patent?
A4: Securing additional patents covering derivatives, manufacturing processes, or specific therapeutic uses, along with data exclusivity and regulatory barriers, enhances protection.
Q5: When does the patent KR20130101158 expire?
A5: Typically, patents filed in 2013 expire 20 years from the earliest filing date (likely around 2033), unless specific extensions or adjustments apply.
References
[1] Korean Intellectual Property Office. (2022). Patent Filing Trends in South Korea’s Pharmaceutical Sector.
[2] World Intellectual Property Organization. (2021). Patent Landscape Report for South Korean Pharmaceuticals.
Disclaimer: This analysis is based on publicly available information. For exhaustive patent details or legal advice, consulting an IP attorney or patent agent specializing in South Korean pharmaceutical patents is recommended.
